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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31513
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I recently became my HOA boards President. The board does

Customer Question

I recently became my HOA boards President. The board does not want to enforce the rules until basically the board has their own residences in compliance. They feel they want to avoid favoritism, but by doing so no rules are enforced. What issues could arise from this.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist.The main thing they need to do is not use inside information for their benefit and not share it with the other members.So, if the board wants to delay enforcement to all properties, it should vote to do this and notice ALL members of the compliance deadline.
Customer: replied 7 months ago.
That makes sense. Does a statue of limitations exist in regards ***** ***** having not been enforced? For example I build something without consent of the design board but they wait a year before telling me to take down what I put up
Expert:  Roger replied 7 months ago.

Yes, it is possible if the rules are not enforced for a long period of time, the members could claim that the rules have been abandoned.

As for violations, usually, if someone has a condition that is not in accordance with a rule, the violation occurs day to day, which could re-set any statute of limitations every day, too.

Expert:  Roger replied 7 months ago.

HI - I was checking in to see if you needed anything further. If so, please let me know.